Joseph D. and Wanda S. Lunsford - Page 27




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          “The Office of Appeals will contact you to schedule a hearing.              
          Your hearing may be held either in person, by telephone, or by              
          correspondence.”6  In the instant case, the exchange of                     
          correspondence between the Appeals officer and petitioners,                 
          ending with the Appeals officer’s offer to discuss other matters            
          constitutes a hearing as contemplated in Publication 1660.                  
               I conclude that section 301.6330-1T, Temporary Proced. &               
          Admin. Regs., supra, is a permissible construction of section               
          6330.                                                                       
                    8.  Conclusion                                                    
               As expressed supra section II.C.1., I conclude that we                 
          cannot introduce a general oral interview requirement into the              
          proceedings that respondent has established for section 6330(b)             
          hearings, and that respondent has established permissible                   
          procedures that were followed in this case.                                 



               6  Chief Counsel Advisory 200123060 (June 8, 2001), referred           
          to by some of the dissenters, states:  “Appeals would strive to             
          grant, at a minimum, face-to-face conferences to all requesting             
          taxpayers.”  The advisory states a goal, not a mandate.  The                
          record in Watson v. Commissioner, T.C. Memo. 2001-213, contains a           
          memorandum from respondent’s counsel emphasizing that the                   
          advisory expresses an aspiration.  Moreover, the usual view of              
          this Court is that even revenue rulings, an official publication            
          of respondent’s (which the advisory is not), get no deference,              
          since they are merely opinions of a lawyer in the agency.  See,             
          e.g., N. Ind. Pub. Serv. Co. v. Commissioner, 105 T.C. 341, 350             
          (1995), affd. 115 F.3d, 506 (7th Cir. 1997).  But see United                
          States v. Mead Corp., 533 U.S. 218 (2001), for a discussion of              
          the deference, less than Chevron deference, owed to certain                 
          agency interpretations of a statute.                                        





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